This Dual Software License agreement is designed for use in New Zealand when a software provider wishes to implement a dual licensing strategy for their software product. The document enables organizations to maintain both commercial and open-source versions of their software, providing flexibility in distribution while protecting intellectual property rights. It is particularly relevant when companies need to monetize their software while fostering community engagement through open-source initiatives. The agreement complies with New Zealand's legal framework, including the Copyright Act 1994 and Contract and Commercial Law Act 2017, and includes comprehensive terms for license grants, usage rights, support services, and liability provisions. This type of agreement is commonly used by software companies seeking to balance commercial interests with open-source community benefits.
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Key Requirements PROMPT example:
Dual Software License
"I need a Dual Software License agreement for my AI analytics software that will be released commercially to enterprise clients while maintaining an open-source community version, with the commercial launch planned for March 2025."
1. Parties: Identification of the licensor and licensee, including full legal names and contact details
2. Background: Context of the agreement, description of the software, and purpose of dual licensing
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. Grant of License: Specific rights granted under both commercial and open-source licenses
5. License Terms and Conditions: Detailed conditions for both license types, including usage restrictions and requirements
6. Commercial License Terms: Specific terms applicable to the commercial license, including pricing and usage limits
7. Open Source License Terms: Terms applicable to the open source license, including permitted uses and obligations
8. Intellectual Property Rights: Declaration of ownership and protection of IP rights
9. Payment Terms: Commercial license fees, payment schedule, and related financial terms
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Warranties and Disclaimers: Warranties provided and limitations of liability
12. Support and Maintenance: Terms for technical support and software maintenance
13. Confidentiality: Protection of confidential information and trade secrets
14. General Provisions: Standard legal provisions including governing law, dispute resolution, and assignment
1. Source Code Access: Terms for access to source code, used when source code access is granted under specific conditions
2. Contribution Agreement: Terms for accepting third-party contributions, used when allowing community contributions
3. Service Level Agreement: Specific performance metrics and service levels, used for enterprise licenses
4. Data Protection: Specific data handling requirements, used when software processes personal data
5. Export Controls: Export compliance terms, used for international licensing
6. Geographic Restrictions: Territory-specific terms, used when licenses are geographically limited
7. Third-Party Software: Terms relating to incorporated third-party software, used when relevant
8. Hardware Requirements: Specific hardware requirements or restrictions, used for hardware-dependent software
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - Commercial License Fees: Pricing structure and payment terms for commercial licenses
3. Schedule 3 - Support Services: Details of support and maintenance services provided
4. Schedule 4 - Service Level Metrics: Performance standards and metrics for software operation
5. Appendix A - Acceptable Use Policy: Guidelines for acceptable use of the software
6. Appendix B - Technical Requirements: Minimum system requirements and technical specifications
7. Appendix C - Open Source Components: List of open source components and their respective licenses
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Cloud Computing
Financial Services
Healthcare Technology
Education Technology
E-commerce
Telecommunications
Professional Services
Research and Development
Manufacturing
Digital Media
Relevant Teams
Legal
Software Development
Product Management
Compliance
Commercial Operations
Technical Support
Business Development
Risk Management
Information Technology
Intellectual Property
Relevant Roles
Chief Technology Officer
Legal Counsel
Software Development Manager
Intellectual Property Lawyer
Commercial Director
Product Manager
Licensing Manager
Open Source Compliance Officer
Software Engineer
Business Development Manager
Contract Administrator
IT Director
Technology Consultant
Risk Manager
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